Terms & Privacy

This is an agreement between SwiftChat Inc. (“SwiftChat”), the owner and operator of www.swiftchatapp.com (the ﻿“SwiftChat Site” or “Site﻿”), the SwiftChat software, including the SwiftChat application and the Site (the “SwiftChat Service” or the "Service"), and you, a user of the SwiftChat Service. Following are the set of terms and conditions applicable for the use of the website www.swiftchatapp.com and the application, "SwiftChat". These terms shall be read along with the current Privacy Policy which is incorporated herein by reference. If you do not agree with any of these terms, you may not use the SwiftChat Service. If you continue to use the services you are deemed to have accepted these terms in full.

﻿﻿1. Ability to Accept Terms of License﻿﻿

﻿You affirm that you have the ability to enter into this License. You affirm that you are either more than 13 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this license, and to abide by and comply with this license. If you are under 13 years of age, you are not permitted to use the SwiftChat Service.﻿﻿2. Changes to this License﻿SwiftChat reserves the right to amend or modify the terms of this License at any time, and it is your responsibility to review this License for any changes. Your continued use of the SwiftChat Service following any amendment of this License will signify your assent to and acceptance of its revised terms.

﻿3. The Service﻿

3.1 You agree not to exploit the SwiftChat Service in any unauthorized way whatsoever, and your use of the Service is solely for personal use.

3.2 You choose to access the Service at your own initiative and are responsible for compliance with any applicable laws, including but not limited to local laws.

3.3 We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.

3.4 Any notice sent by e-mail or as SwiftChat message in absence of e-mail shall be considered as an effective delivery of the notice to the user.

3.5 SwiftChat may (a) require you to download and install updates; or (b) automatically download and install updates to your device.

3.6 SwiftChat does not consider ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback") to be confidential information. If you send any Feedback to SwiftChat, you acknowledge that SwiftChat reserves the right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.

4.1 The SwiftChat Service may contain links to third party websites, including advertisements, that are not owned or controlled by SwiftChat. SwiftChat has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SwiftChat will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that SwiftChat shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

4.2 You understand that when using the SwiftChat Service you will be exposed to content posted by other users, and that SwiftChat is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and that such content are not the responsibility of SwiftChat.

4.3 In the course of using the SwiftChat Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

4.4 You shall be solely responsible for the content you post and the consequences of posting them. Because SwiftChat is only acting as a repository of data, user submitted content do not necessarily represent the views or opinions of SwiftChat, and SwiftChat makes no guarantees as to the validity, accuracy or legal status of any user submitted content.

4.5 You grant to SwiftChat a worldwide, irrevocable, non-exclusive, sub-licenseable, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media or search engines. You also grant SwiftChat the right to bring an action for infringement of these rights.

4.6 SwiftChat reserves the right to use any content posted by the User for promoting the service or as information for other users.

4.7 SwiftChat reserves the right to restrict access of the user to any part of the content either temporarily or permanently at its sole discretion.

5. User’s Obligations

5.1 You are responsible for all activities that occur under your User Account. You must notify SwiftChat immediately of any breach of security or unauthorized use of your mobile phone. SwiftChat will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account.

5.2 You shall keep your account particulars confidential and take all steps that are reasonable and necessary to prevent your identity from being compromised.

5.3 You may link to materials on the Service for personal purposes only. SwiftChat reserves the right to discontinue any aspect of the Service at any time.

5.4 You shall not:

5.4.1 expose any third party to material which is objectionable in any way, including without limitation posting any information that is offensive, harmful to minors, obscene, contains adult content, promotes terror, constitutes impersonation, meant to deceive, or infringe on the intellectual property rights of any other person or otherwise constitute violation of applicable law;

5.4.2 use the SwiftChat Service to threaten, harass or invade the privacy of, any third party, including without limitation bullying, intimidating, harassing, defaming, misleading, spamming, phishing, pharming, stalking or otherwise harming other users;

5.4.3 use the SwiftChat Service to post advertisements or solicitations of business;

5.4.4 attempt to reverse engineer any part of the SwiftChat Service, or carry out any activity which unauthorizedly damages, modifies or deletes any content on SwiftChat or otherwise impairs the functioning of SwiftChat;

5.4.5 duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without SwiftChat's prior written authorization;

5.4.6 resell or charge others for use of or access to the Service, or in any other manner inconsistent with this License, as the Service is permitted solely for your personal use;

5.4.7 use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;

5.4.8 collect or harvest any personally identifiable information, including account names, from the SwiftChat Service.

6. Termination

The License is effective until terminated by you or us. You may terminate your relationship with SwiftChat at any time. SwiftChat has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Service, and destroy all copies of the Service.

6.1 SwiftChat reserves the right to temporarily disable or permanently terminate the account of any user at any time:

6.1.1 if you are in breach of the terms of this License;

6.1.2 if SwiftChat reasonably suspects that you are using the SwiftChat Service to break the law or infringe third party rights;

6.1.3 if SwiftChat reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;

6.1.4 if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of SwiftChat's partners;

6.2 The obligations under this agreement shall subsist as long as the application is being used by the user and shall cease only on the complete uninstallation of the application and deletion of the account.

7. Warranty Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, SWIFTCHAT, ITS OFFICERS AND EMPLOYEES DISCLAIM ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY.

8. Limitation of Liability

IN NO EVENT SHALL SWIFTCHAT, ITS OFFICERS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

9. Intellectual Property Rights

The SwiftChat Service and all copies thereof are protected by copyright and other intellectual property laws and treaties. SwiftChat or its licensors own the title, copyright, and other intellectual property rights in the Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) ("SwiftChat Technology"), and your use of our Service does not grant to you, nor do you acquire any ownership rights in the SwiftChat Technology.

10. Jurisdiction

The laws of the State of Washington, excluding its conflicts of law rules, govern this License and your use of the SwiftChat Service. You expressly agree that the courts in the State of Washington have exclusive jurisdiction over any claim or dispute with SwiftChat or relating in any way to your use of the SwiftChat Service. Your use of the SwiftChat Service may also be subject to other local, state, national, or international laws.

11. Indemnity

The user will indemnify SwiftChat and any of its officers against any losses, damages, costs, liabilities, and expenses (including attorneys' fees and costs) as a result of or in connection with any claim or dispute arising from or relating to any breach by you of this license.

﻿SwiftChat Privacy Policy﻿(last modified June 18, 2017)

SwiftChat Inc. ("SwiftChat") respects your right to privacy and takes your privacy matters very seriously. This Privacy Policy covers the treatment of user information, including Personally Identifiable Information, obtained by SwiftChat, including information obtained when you access the www.swiftchatapp.com (the “SwiftChat Site” or “Site”), and the SwiftChat software, including the SwiftChat application and the Site (the “SwiftChat Service” or the "Service"). This Privacy Policy is incorporated into and is subject to the SwiftChat End User License Agreement Your use of the SwiftChat Site and the SwiftChat Service and any personal information you provide on the SwiftChat Service remains subject to the terms of this Privacy Policy and our End User License Agreement.By visiting this Site or using the Service, you are accepting the policies and practices described in this Policy, as such Policy may be amended from time to time. Each time you visit the Site or use the Service, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy.Please note that any content posted at the direction or discretion of users of the SwiftChat Service becomes published content and is not considered Personally Identifiable Information subject to this Privacy Policy.This Privacy Policy does not apply to the practices of companies that SwiftChat does not own or control, or to individuals whom SwiftChat does not employ or manage, including any of the third parties to which SwiftChat may disclose user information as set forth in this Privacy Policy.Information Collected by SwiftChat

When you install the SwitChat App and register as a user, you provide certain Personally Identifiable Information, such as a “hash” of your device identifier.﻿Use of Collected Information﻿

If you submit Personally Identifiable Information to us through the SwiftChat Site, or SwiftChat Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the SwiftChat Site and SwiftChat Service. In particular, the “hash” of your device identifier is essential to your use of the SwiftChat Service and will be retained. Any Personally Identifiable Information or content that you voluntarily disclose on the SwiftChat Service becomes publicly available and may be collected and used by other users of the SwiftChat Service. We do not use your Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address, if provided, without further consent for non-marketing or administrative purposes (such as notifying you of major SwiftChat Site or SwiftChat Service changes or for customer service purposes). ﻿When SwiftChat Discloses Information﻿We do not sell or share your Personally Identifiable Information (such as email) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the SwiftChat Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the SwiftChat Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. SwiftChat also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that SwiftChat believes, in good faith, is appropriate or necessary to enforce our License, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the SwiftChat Site or our servers, and to protect the rights, property, or personal safety of SwiftChat, our users or others.Data SecuritySwiftChat has commercially reasonable physical, electronic, and procedural safeguards to ensure the security of our systems and protect personal information from misuse, loss and unauthorized access. We cannot, however, ensure or warrant the security of any information you transmit to SwiftChat and you do so at your own risk. If SwiftChat learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. SwiftChat may post a notice on the SwiftChat Site or through the SwiftChat Service if a security breach occurs.﻿Childrens' Privacy﻿

The SwiftChat Service is not intended for or designed to attract anyone under the age of 13 and we do not intentionally or knowingly collect personal information on our sites from anyone under the age of 13 (or older in some jurisdictions). If you are under 13 years of age, please do not use the SwiftChat Service at any time or in any manner.﻿﻿Business Transition﻿﻿

In the event that we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. We will post a notice on the Site of any such change in ownership or control of the personal information we may have prior to such transfer.

Changes to Policy

This Privacy Policy may be revised periodically. However, we will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you an opportunity to opt-out of such differing uses. Please revisit this page to stay aware of any changes. Your continued use of the SwiftChat Site and SwiftChat Service constitutes your agreement to this Privacy Policy and any amendments.